8.1.1

Purpose

This Chapter is intended to create comprehensive standards for the construction and installation of public and common improvements and utilities within the jurisdictional boundaries of the City of Douglas. These standards are adopted for the following purposes:

• To assist in the orderly, efficient, and well-integrated development of the City;

• To ensure the proper siting, width, and design of roads in order to minimize traffic hazards and to ensure the safe and convenient circulation of pedestrian and vehicular traffic;

• To ensure the property siting and design of drainage facilities in order to minimize impacts caused by storm water drainage and flooding;

• To ensure that public improvements and utilities are constructed and installed in a manner that is in harmony with the physical characteristics of the respective site;

• To ensure that development is adequately served by utilities and that such utilities are sited, constructed, and installed in a safe and efficient manner; and

• To implement the City of Douglas Master Plan.

8.1.2

Applicability

This Chapter shall apply to the construction or installation of all public improvements and utilities within the City of Douglas. The provisions of this Chapter are intended to function in addition to and in harmony with the requirements of Title 15, Buildings and Construction, of the City of Douglas Municipal Code. In the event that the requirements of this Chapter and the requirements of Title 15 conflict, the provisions of Title 15 shall prevail.

8.1.3

Licensing Requirements

The construction of public improvements and utilities shall be performed by or under the direction of a licensed contractor pursuant to the requirements of the City of Douglas Municipal Code, including, but not necessarily limited to, Chapter 5.36.

8.1.4

Construction within City Right-of-Way

All construction, including digging, breaking, excavation, boring, tunneling, undermining, or any other similar construction activity, within City rights-of-way shall be permitted, performed, and financially guaranteed pursuant to the requirements of Chapter 12.04 of the City of Douglas Municipal Code.

(Ord. No. 967, § 42, 8-10-2015)

8.2.1

General

A.

Construction of Common Development and Public Improvements
The owner of land for development shall be responsible for constructing common development and public improvements internal to the development, including, but not limited to, streets, drainage facilities, bridges, and related improvements. In the event public improvements have not been extended to the exterior boundary of the subdivision, the developer shall also be responsible for extension of the public improvements. All provisions and ordinances relating to the public improvements within the subdivision shall also pertain to and control exterior public improvements.

B.

Construction Permit Required
A construction permit and a notice to proceed shall be obtained from the City prior to construction of any common development or public improvements.

C.

Oversizing of Public Improvements
If the City Council, at its sole discretion, requires oversizing or additional extension of public improvements and such oversizing or additional extension is not necessitated by the subject final plat or Type A, B, or B-LSR Development Plan, then the cost associated with construction of the oversizing or additional extension shall be the responsibility of the City.

8.2.2

Design, Submittal, and Review

A.

Design
The provisions of the "Wyoming Public Works Standard Specifications" shall be considered controlling for the design and construction of public improvements within the City. "The Wyoming Public Works Standard Specifications" (2008, or as currently amended) and as modified by the City, which is published by the Wyoming Public Works Council, shall be hereby incorporated into this Chapter by reference as though fully included herein. A copy of the "Wyoming Public Works Standard Specifications" shall be retained on file in the Community Development Department and City Clerk's Office. Construction within or access to any WYDOT owned or maintained right-of-way may require separate review and approval by WYDOT prior to construction. The design and construction of all water and wastewater improvements shall be reviewed and approved by the Wyoming Department of Environmental Quality (WDEQ).

B.

Submittal
All designs for public improvements shall be submitted to the Community Development Department, City Engineer, and City Public Works Department for review concurrent with the associated final plat application, when required pursuant to a subdivision improvement agreement, and concurrent with the associated Type A, B, or B-LSR Development Plan application or large-scale MU-PUD rezoning request, when required pursuant to a development improvement agreement.

C.

Review
The Community Development Department, City Engineer, and City Public Works Department shall review the construction drawings for public improvements and must approve the drawings prior to scheduling the associated final plat or development plan for public hearing.

8.2.3

Subdivision and Development Improvement Agreements

A.

General
All required public or common improvements shall be secured and supported by either a subdivision improvements agreement or a development improvements agreement. Subdivision and development improvements agreements shall function as a contract between the developer(s) and the City and shall comply with the requirements of this Code and all applicable requirements of Wyoming State Statutes.

i.

Improvements Complete or Guaranteed

Prior to the issuance of the first building permit in an area within any addition, subdivision, or within any development governed by a development improvements agreement, all public improvements shall have been installed and accepted in accordance with the requirements of this Code unless otherwise deferred pursuant to the provisions of Section 8.2.3.A.iv below.

ii.

Subdivision Improvements Agreement

A subdivision improvements agreement shall be required in association with all final plat applications that have been identified by the Community Development Department and the City Engineer as requiring extension or internal construction of public or common improvements.

iii.

Development Improvements Agreement

A development improvements agreement may be required in association with any Type A, B, or B-LSR Development Plan application where such development will result in adverse public impacts. The requirement for public improvements in association with a Type A, B, or B-LSR Development Plan shall be roughly proportionate to the burden imposed on the public as a result of the proposed development. In unique circumstances where a large-scale MU-PUD rezoning request is proposed, the City Council shall have the exclusive authority to require a development improvements agreement to ensure that construction of public and common improvements is comprehensively planned and appropriately sited and phased.

iv.

Deferred Development Agreements

The governing body may agree to defer the development of required infrastructural improvements in commercial, business and industrial zones when it is deemed to be in the best interest of the City to do so, and provided that:

a.

The governing body and developer(s) enter into a written agreement that specifically states which improvements will be deferred. The agreement shall also specifically identify the timing and conditions that will dictate the need for completion of the deferred improvements.

b.

The agreement addresses each of the following improvements:

1.

Streets

2.

Curbs and gutters

3.

Sidewalks

4.

Water service

5.

Sanitary sewer service

6.

Drainage

7.

Landscaping

8.

Off-site improvements

9.

Other development issues

The City Council may, at its sole discretion, require financial assurance from the developer(s) to guarantee the completion of the improvements. Financial assurance may include cash, performance bond, irrevocable letter of credit, or any other form that is approved by the City Attorney and can be readily converted to cash in an amount not less than one hundred twenty-five (125) percent of the financial assurance estimate amount approved by the City Engineer. The City Council shall also have the right and authority to file a lien when necessary to accomplish completion of the improvements within the subject development.

Deferred development agreements shall be reviewed annually by the Community Development Department to ensure compliance with the agreement. City staff may elect to send written notice of the review to the developer(s) indicating the current status of the agreement and may elect to provide an update to the City Council at an open and public hearing.

v.

Phased Large-Scale MU-PUD Zoning District Developments

The City Council, at its sole discretion, may allow the developer(s) of a large-scale MU-PUD zoning district development, at the developer's request, to enter into a deferred development agreement. The use of a deferred development agreement as a method of guaranteeing the construction of improvements within an MU-PUD zoning district may be appropriate in order to adequately identify and plan for phased development. Additional amendments to the agreement, or separate phase-specific agreements, may be necessary as phased development progresses in order to guarantee construction of phase-specific improvements or compliance with phase-specific conditions within a particular phase.

vi.

Approval Authority and Execution

The City Council shall have the exclusive authority to approve a subdivision improvements agreement, development improvements agreement, or deferred development agreement. Approval of a subdivision or development improvements agreement by the City Council shall constitute authorization of the Mayor to execute such agreement.

B.

Estimates and Financial Assurance

i.

Financial Assurance Estimates

All subdivision and development improvements agreements shall be supported by, and shall include as an attached exhibit, an itemized financial assurance estimate of the costs associated with constructing the associated public and common improvements. All financial assurance estimates shall also include the cost of extending the improvements from existing improvements. All financial assurance estimates shall be signed and stamped by a registered engineer in the State of Wyoming. Financial assurance estimates must be reviewed and approved by the City Engineer prior to scheduling the associated agreement for review and final action by the City Council. The City Engineer shall give the developer comparable credit for the estimated cost of all improvements, conditions, or requirements that have been constructed or installed and at least preliminarily accepted prior to finalizing the financial assurance estimate.

ii.

Financial Assurance Required

Acceptable forms of financial assurance include cash, performance bond, irrevocable letter of credit, or any other form that is approved by the City Attorney and can be readily converted to cash in an amount not less than one hundred ten percent (110%) of the financial assurance estimate amount approved by the City Engineer. All financial assurances shall name the City of Douglas as beneficiary and shall guarantee the construction of the associated public improvements. All forms of financial assurance shall be reviewed and approved as to form and sufficiency by the City Attorney and deposit or guarantee of such shall be made to the City Finance Department. Such deposit shall be subject to an escrow agreement whereby the holder of such cash or collateral shall pay all or any portion thereof, including interest earned thereon, to the City upon demand as may be required to complete the installation of such improvements and compliance with such conditions and requirements within the time and in the manner required by this Code, or any ordinance or resolution of the City Council. All financial assurances shall be reviewed and approved by the City Attorney and made to the City Finance Department prior to scheduling the associated subdivision or development improvements agreement for review and final action by the City Council.

C.

Release, Defect Warranty, and Acceptance

i.

Release of Financial Assurance at Preliminary Acceptance

The City Council shall approve release of financial assurance(s) upon completion, inspection, and preliminary acceptance of public improvements. Release of financial assurance shall occur within thirty (30) days after written verification by the City that the improvements, conditions, and requirements have been completed or performed, at which time the improvements shall be scheduled for hearing for preliminary acceptance by the City Council.

ii.

Partial Release Permitted

Partial releases may be allowed as improvements, conditions, and requirements are completed or performed. Under no circumstances shall the City Council release funds that would result in the City retaining an amount that would not adequately guarantee construction of the remaining portion(s) of the required improvements.

iii.

Financial Assurance for Defect Warranty and Final Acceptance

The City Council shall retain twenty percent (20%) of the total financial assurance amount for a project as financial assurance during the defect warranty period, which shall extend for one (1) year from the date of preliminary acceptance. The developer shall be required to maintain, repair, correct, and keep all improvements in full operating condition at his or her own expense during the defect warranty period. Upon completion of the defect warranty period, the developer shall call for a final inspection of the improvement. All financial assurances shall be released and a statement of compliance shall be issued if no defect has been identified during inspection of the improvement by the City Engineer. The release of financial assurances for defect warranty shall occur within thirty (30) days following conclusion of the defect warranty period, at which time the improvements shall be scheduled for hearing for final acceptance by the City Council. The improvements and the maintenance thereof shall become the responsibility of the City upon final acceptance.

D.

As-Built Drawings and Certification of Installation Required
As a condition for releasing construction financial assurances to secure performance of the construction of public improvements, developers shall submit to the City as-built drawings of all main, primary, secondary, and service utilities installed as part of the project. Monumentation must be verified by the City Engineer prior to releasing the associated financial assurance(s). A letter from the engineer of record shall be provided certifying that all improvements have been constructed in accordance with the approved plans prior to releasing construction financial assurances.

8.2.4

Construction, Inspection, and Acceptance of Public Improvements

A.

Construction of Public Streets and Associated Improvements
The owner of land for development is responsible for construction of roads and other related transportation improvements required to serve the respective development. Roadway improvements shall be constructed in a manner so as to connect the development to existing roadways and related facilities, which may include construction of curbs, gutters, sidewalks, traffic control devices, drainage facilities, transportation-related drainage structures and facilities, and trails.

i.

General

The construction of public streets shall comply with the requirements of the following: this Section; Section 5.10, Streets, Alleys, and Sidewalks, in Chapter 5, General Development Standards, of this Code; "The Wyoming Public Works Standard Specifications" (2008, or as currently amended) and as modified by the City; and all other applicable City standards.

ii.

Submittal Requirements

Prior to any construction or development of any streets or associated improvements within a development, the following documents must be submitted to and approved by the City Engineer:

a.

Street Profiles

The profile of the centerline of each street right-of-way, with grades.

b.

Street Cross-Section

The cross-section of the proposed streets taken for each block at the point of greatest slope and showing the width of sidewalks and the location and size of utility mains, and the paving plan for the same including depth of subgrade, subbase crushed rock and asphalt concrete paving or cement concrete paving.

iii.

Construction of Internal Streets

The owner of land for development shall be responsible for the cost associated with construction of streets internal to the development.

iv.

Construction of Adjacent Streets

The owner of land for development shall be responsible for the cost associated with constructing streets necessary to extend existing City streets to serve the development. The design, review, and approval of the streets to be extended shall occur concurrent with the associated development.

v.

Construction of Improvements at Railroad Crossings

Provisions for grade separation, buffer strips, and safety protection devices shall be provided by the developer where railroad crossings are proposed or are affected by the subject development. Obtaining written approval from the affected railroad company shall be the responsibility of the developer and a copy of such shall be provided to the Community Development Department.

B.

Construction of Drainage Improvements
The owner of land for development is responsible for construction of required drainage, bridge, and other related drainage improvements required to serve the respective development.

i.

General

The construction of drainage improvements shall comply with the requirements of this Section, Section 5.3, Drainage, Grading, and Erosion Control, in Chapter 5, General Development Standards, of this Code, "The Wyoming Public Works Standard Specifications" as amended, and all other applicable City standards.

ii.

Submittal Requirements

Prior to any construction or development of any drainage or other associated improvements within a development, the following documents must be submitted to and approved by the City Engineer:

a.

Waterway and Curb Elevations

High-water marks and approximate grade of all ditches, canals or other waterways to be crossed and the lines and elevations of existing curbs.

b.

Final Grading and Drainage Plan

Final grading and drainage plan indicating finished grade by solid-line contours superimposed on dashed-line contours indicating the existing topography for the area of the final plat.

c.

Summary Statement

Summary statement containing the estimated one hundred (100) year storm flows.

iii.

Construction of Internal Drainage Improvements

The owner of land for development shall be responsible for the cost associated with construction of drainage improvements internal to the development.

iv.

Extension of Facilities Outside the Boundaries of Development

Where drainage structures must be extended to or beyond the subdivision or development subject to a development agreement, the developer(s) shall pay the entire cost of the extension. The improvements shall be included as part of the application for the associated division of land or Type A, B, or B-LSR Development Plan, as may be applicable, for review purposes and shall also be included in the financial assurance estimate and constructed to City standards. If the owner is not authorized to extend drainage facilities beyond the owner's property, then owner shall redesign the drainage plan to address drainage issues via on-site methods and improvements consistent with this Code.

C.

Completion of Improvements

i.

Time for Completion

The required time for completion or performance of all public and common improvements, conditions, and requirements shall be prior to issuance of the first temporary certificate of occupancy within the subject development, unless such development is subject to a deferred development agreement, in which case the required time for completion shall be pursuant to such agreement. The City Council shall have the authority to extend the time for completion or performance.

ii.

Failure to Complete or Perform

If public or common improvements are not completed or performed within the required time for completion or performance, as applicable, the City shall utilize the proceeds of the financial assurance to complete or perform the incomplete or unperformed portion(s) of the public or common improvements, conditions, or requirements.

iii.

Release of Financial Assurance Upon Completion or Performance

Procedures and provisions governing the release of financial assurance(s) upon completion of improvements or performances of a condition shall be pursuant to requirements of Section 8.2.3.C of this Chapter.

D.

Preliminary Inspection and Preliminary Acceptance
Upon completion or performance of all public or common improvements, conditions, or requirements, the developer shall request a preliminary inspection from the City Engineer. If the City Engineer finds no discrepancies with the completed or performed improvement, condition, or requirement, then a statement of compliance shall be issued by the City Engineer and any associated public improvements shall be scheduled for hearing before the City Council for preliminary acceptance. Upon preliminary acceptance, the public improvements shall be appropriately dedicated for public use.

E.

Final Inspection, Final Acceptance, and Defect Warranty Period
Upon completion, the developer shall request a preliminary inspection from the City Engineer. If the City Engineer finds no discrepancies with the completed or performed improvement, condition, or requirement, then a statement of compliance shall be issued by the City Engineer and any associated public improvements shall be scheduled for hearing before the City Council for preliminary acceptance.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 1011, § 33, 12-13-2021)

8.3.1

General

The owner of land for development shall be responsible for coordinating with the appropriate service providers to construct all utilities necessary to serve the proposed development, including water and wastewater systems, electrical transmission and distribution facilities, and natural gas distribution facilities, unless otherwise required in writing from the respective utility provider.

8.3.2

Requirements for Connection and Annexation

Sections 13.10.10 and 13.28.040 of the City of Douglas Municipal Code include requirements for connecting to the City water and wastewater systems and requirements for annexing properties to be served by the City water and wastewater systems into the City.

8.3.3

Construction Permit Required

A construction permit and a notice to proceed shall be obtained from the City prior to construction or installation of any utility.

8.3.4

Construction and Installation

A.

Underground Installation Required within Subdivisions
All utilities, except temporary utilities for construction or emergency purposes, shall be placed underground within the boundaries of all subdivisions and utility stubs shall be provided from mains and/or laterals to subdivision lots prior to completion of finished road surfaces and concrete drainage features in order to minimize any future need for additional excavations.

B.

Installation of Shallow Utilities- Gas, Electrical, Telephone, Fiber Optic, and Cable
Shallow utility lines, which include natural gas, electrical, telephone, fiber optic, and cable television, shall be installed pursuant to the PacifiCorp "Six-State ESR Electric Service Requirements" (2006, or as currently amended) (See Appendix D of this Code). Shallow utility lines shall not be installed beneath hard-surfaced roadways, unless special permission is granted to the utility provider by the City Council. All shallow utility lines shall be installed outside public rights-of-way within utility easements. Utilities shall only cross public streets in compliance with the City's street cut policy.

C.

Installation of Deep Utility Mains- Water and Sewer
Deep utility main lines, which include water and sewer main lines, may be installed beneath hard-surfaced areas and shall be constructed to a minimum depth of six (6) feet except in isolated areas where a new line is connecting to an existing shallower line. Water and sewer services must be supplied from the main to each platted lot. Unless otherwise approved by the City Engineer, water and sewer utilities shall be constructed within the dedicated right-of-way, towards the centerline of the projected street. Stubs shall be made to the back of easements where curb stops for water services shall be installed.

i.

Submittal Requirements

Prior to any construction or installation of any water or sewer lines within a development, the following documents must be submitted to and approved by the City Engineer and Wyoming Department of Environmental Quality:

a.

Water and Sewer Plan and Profile

A plan and profile of proposed sanitary and/or storm water sewers with grades and pipe sizes indicated.

b.

Summary Statement

Summary statement containing the estimated total peak water demand, gallons per day and the estimated total peak sewer flow, gallons per day.

All plans and profiles shall be prepared in ink and each sheet shall be signed by the engineer of record.

D.

Location of Meters
The locations for installation of utility meters shall comply with the City's adopted construction codes.

E.

Streets, Sidewalks, and Associated Improvements Constructed After Utilities Stubbed
Curb, gutter, sidewalk, and streets may be constructed once all utilities have been appropriately stubbed. All trenches located under curb, gutter, sidewalk, and street must be compacted to City specifications.

F.

Grading and Erosion Control Requirements
All surfaces disturbed or damaged by the installation of utilities shall be re-graded, re-vegetated, and mulched to prevent soil erosion. All disturbed surfaces shall be returned to a natural grade state. All grading and erosion control activities associated with the installation of utilities shall also comply with the requirements of Section 5.3, Drainage, Grading, and Erosion Control, in Chapter 5, General Development Standards, of this Code. All hard-surfaced areas shall be restored to a condition equal to or better than the condition of the surface prior to construction.

G.

Inspection
The inspection of construction and installation of utility facilities shall be performed and coordinated with the respective utility provider.

(Ord. No. 967, § 42, 8-10-2015)